Can my attorney be the executor of my will?

Can my attorney be the executor of my will?

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Madison
Assistant at Parklin Law

Many people ask whether the attorney who helps them create their will can also be the executor of that will. The quick answer is yes. However, there are some things to consider.

In a perfect world, your attorney would be both your estate planning advocate and your executor. But in the real world, it's often hard to find an attorney who is willing and able to take on both roles.

Not all attorneys are equipped with the skill set required to handle the many aspects of an estate plan. If you need help with complicated tax planning or asset protection strategies, then you'll want an attorney with expertise in those areas. You may also need help from a specialist estate planning attorney if your assets are large enough that you're subject to complex transfer tax laws. Finally, if you have a complicated family situation like a second marriage or blended family, it may be necessary to bring in legal counsel who has experience dealing with those issues.

When your attorney is also the executor of your will, there are a few potential issues that could arise. The first and most obvious issue is a conflict of interest. In fact, in some states, like Florida and Massachusetts, you're prohibited from serving as both the executor and attorney for the estate. That's because your attorney has a legal obligation to protect his or her client at all times—which means they must do their best to preserve the interests of their client's estate. If they can't fulfill this duty due to a conflict of interest, it would be a breach of their professional code of conduct.

If you have any questions or in need a Will and Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.

We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More

Parklin Law - Estate Planning

5772 W 8030 S, # N206

West Jordan UT 84081

(801) 618-0699

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https://www.parklinlaw.com/
Parklin Law
Estate Planning Attorney in West Jordan
https://parkin-law.business.site/

40.605070, -112.027530

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

Location: Alpine, UT 84004, USA

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